In the city’s first case enforcing the synthetic marijuana/bath salts ordinance, a $600 fine was levied against a downtown variety store owner.

The Board of Health has scheduled a hearing to consider taking further action against the store.

Penalties could include suspension or revocation of the store’s retail food and tobacco licenses, Dr. Henry Vaillancourt, director of the Health and Human Services Department, told the Board of Health at its meeting Tuesday afternoon.

Board member Dr. David Weed initially recommended a five-day suspension prior to holding the hearing. He withdrew that immediate penalty pending the hearing.

The board voted to hold the hearing at 6:30 p.m. on Nov. 7 at Government Center.

On Tuesday, the board reviewed a police report related to alleged civil and criminal violations at the Main St. Mini Mart, 52 N. Main St. on Sept. 20.

The charges stemmed from an alleged purchase of “synthetic marijuana” by a police informant, according to Luis Duarte Jr., the investigating officer.

Police cited the owner, Ibrahim Ghanam, 62, of Cranston, R.I., for possession and distribution of synthetic cannabinoids (marijuana) in violation of the city ordinance banning them as of Aug. 31, immediately after it was adopted by the City Council and Mayor Will Flanagan.

The ordinance allows for police to issue fines of $300 for each offense, and requires them to report the alleged violation to the department issuing a license to the business.

In the case of the mini mart, the retail tobacco and food and milk licenses fall under Board of Health jurisdiction.

The new business obtained the licenses from the Health Department on Aug. 8, Vaillancourt reported.

He said businesses had been adequately notified that the ordinance was in place and the penalties for violations.

City officials sought the ban after police and medical officials informed them of accounts of users’ violent, unpredictable and even psychotic behavior.

The products have garnered attention and regulation nationally and in many states, including Massachusetts.

Flanagan initiated the ban in July, saying it needed to be more specific and comprehensive than federal or state laws.

Board member Dr. Daniel Sousa, who sees seriously injured patients at Charlton Memorial and Saint Anne’s hospitals and works in the pulmonary care emergency room units at the two city hospitals, spoke at the meeting about the serious effects and increased prevalent use of synthetic marijuana/bath salts.

“We’ve already seen a spike in the number of kids doing these things,” Sousa said.

He talked about the case of a 110-pound girl who required three grown men to contain here.

“The behavior is unbelievable. It’s like having people on PCP, or Angel Dust,” Sousa said, naming a dangerous and illegal street drug.

Page 2 of 3 - Vaillancourt had told the City Council this summer about the unpredictability of these synthetic drugs in which common materials like incense and potpourri are laced with a wide range of varying chemicals. They’re brightly packaged, often with cartoon characters.

“I think we have to take very serious action,” Sousa said.

Weed agreed. “This isn’t just a chance for him to talk about it,” Weed said of the owner attending the hearing. “It’s also that we’re going to take action.”

Chairman Thomas Cory is the third member, who made it unanimous to hold the hearing.

Vaillancourt, an agent of the board, told the members they could suspend or revoke a license if they determine conduct endangered the public’s health or safety, and could do so on the spot.

Vaillancourt recommended they hold a hearing to determine appropriate action with the store owner, Corporation Counsel Elizabeth Sousa who drafted the ordinance and the police officer on the case all present to testify.

Duarte, in an Oct. 16 letter to the board, asked them to “strongly consider the revocation of the business license” for allegedly selling the synthetic marijuana and for “the display and sales of drug paraphernalia.”

According to his police report shared with the Board of Health, an individual told Duarte he’d purchased a package of “Sexy Monkey,” said to be a “synthetic cannabinoid,” for $15 on Sept. 18 at the downtown mart.

That police informant made the same purchase two days later. When Duarte went into the store and showed him the product, Ghanam said he never saw the product and did not sell it, the police report says.

After obtaining a search warrant, securing the store and conducting a search with several officers, police said they found 11 packages of the Sexy Monkey product in a plastic bag in a crate at the back of the store. They also located $15 in marked bills that the informant used to make the purchase that day, the report says.

Police subsequently confiscated 19 glass pipes, digital scales, grinders, scrubbers and related items they said were drug paraphernalia allegedly used for using or buying drugs.

“These are all tools of the drug trade,” Sousa said while recently sharing a copy of the police report.

While not disputing other city stores may sell similar products, Sousa said that in the context of selling the products banned by ordinance, city police would make the case the marketed and sold drug paraphernalia violated state law.

Sousa said she hoped the Board of Health “would consider both violations” in deciding its action toward the mini mart.

While owner Ibrahim Ghanam speaks limited English, he referred comments this week to his son, Hussan Ghanam, listed as agent for his father on the ordinance violation.

Page 3 of 3 - In a related but separate case, Ghanam was summonsed into court for a probable-cause hearing before a clerk magistrate Wednesday. The hearing is to determine if a police charge against the store owner of possession to distribute drug paraphernalia has merit as a criminal misdemeanor under state law.

The clerk magistrate hearing was continued to Jan. 23, and the $600 fine for the ordinance violations has been paid to city officials, according to a court representative.

Hussan Ghanam also said he paid the fine. He said he was not aware that the store license was in jeopardy until being issued a city notification Wednesday that a Board of Health hearing to consider possible suspension or revocation of the license would be held Nov. 7.

“Why they give me a fine then go behind my back and do this?” Hussan Ghanam said.

On the confiscation and charges for alleged drug paraphernalia like pipes, scales and grinders, he said on Tuesday, “most of the other stores” like this “have it in their showcases.”

After the continued hearing before the magistrate Wednesday, Hussan Ghanam said, “If they’re going to do this, they’re going to have to do this with other people.”

“It is a criminal offense,” Sousa said. “If they’re selling these items, they should be charged.”

When asked whether the Flanagan administration is making an example with this newly established store, Sousa said, “I don’t think this particular store is being singled out.”

She said police acted when they became aware about products being sold.

Sousa said she planned to show the surveillance videotape they confiscated at the Board of Health hearing.

In early September, about a week after the ordinance was enacted, store owners were informed the penalties were in effect. Marilyn Edge, area tobacco control director, passed out the ordinance to about 18 stores and mailed them to the balance of 146 stores licensed to sell tobacco and related products, she said.

Edge said she mailed a copy to Main St. Mini Mart.

According to Edge, there’s been only one other drug paraphernalia prosecution case involving a store. That case has been before the court for the past year, she said.